Kaushal Kumar Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 824 of 2021

1. Kaushal Kumar Nayak S/o Tikram Singh Nayak Aged About 32 Years R/o H. No. 82, Village Ajgarkhar, Post Chanat, Tehsil Basna District Mahasamund Chhattisgarh

2. Renuka D/o Shri Chaitram Aged About 27 Years R/o 200 Unit 41/A Township Nandani Nagar, District Durg Chhattisgarh

3. Sunny Kumar Dewangan S/o Shri Panna Lal Dewangan Aged About 32 Years R/o Ward No. 13 Bade Para, Village And Post Semra, District Dhamtari Chhattisgarh

4. Akhilesh Kumar Namdeo S/o Shri Gouri Namdeo Aged About 29 Years R/o Shrinamdeo Tailors, Latrra Gobra, Nawapara, Rajim, District Raipur Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh

3. Joint Director Bastar Division Bastar Chhattisgarh ---- Respondents For Petitioner :

Mr. Ghanshyam Kashyap, Advocate.

For State :

Mr. Aditya Bhardwaj, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23/02/2021

1. The challenge in the present writ petition is to the order passed by the respondents whereby the respondents have declared the petitioners to be ineligible for participation in the recruitment process to the post of Teacher (Mathematics). Declaring of the petitioners ineligible was on the ground that the petitioners are not graduate in Maths but are Engineering degree holders.

2. The issue involved in the present writ petition is one which has already been considered by this Court in a bunch of writ petition of identical nature, the leading of which is WP(S) No. 3789/2019 which stood decided on 17.11.2020. Since this Court have already allowed the said writ petition and have held that the Engineering Degree Holders also have to be treated as Graduates for the purpose of consideration of their application subject to their fulfilling other requisite eligibility criteria in-terms-of the advertisement. The present case also stands covered by the said judgment dated 17.11.2020 passed in WP(S) No. 3789/2019 and other analogous writ petitions.

3. Given the said facts, the present writ petition is also allowed and disposed off on similar terms as has been decided in WP(S) No. 3789/2019, subject to the petitioners' fulfilling other requisite eligibility criteria in-terms-of the advertisement.

4. Let a copy of the order passed in WP(S) No. 3789/2019 be also made part of the records of the present writ petition as also part of this order.

5. The writ petition accordingly stands allowed and disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha